(lxix)

Haryana Government Gazette

EXTRAORDINARY

Published by Authority

No. 146–2021/Ext.]

CHANDIGARH, MONDAY, SEPTEMBER 6, 2021

(BHADRA 15, 1943 SAKA )

LEGISLATIVE SUPPLEMENT

CONTENTS

PART - I

ACTS

PAGES

THE HARYANA PARIVAR PEHCHAN ACT, 2021

(HARYANA ACT NO. 20 OF 2021).

177-187

THE HARYANA LOKAYUKTA (AMENDMENT) ACT, 2021

(HARYANA ACT NO. 21 OF 2021)

189

THE HARYANA ENTERPRISES PROMOTION (SECOND AMENDMENT)

ACT, 2021 (HARYANA ACT NO. 22 OF 2021).

191

PART - II

ORDINANCES

NIL

PART - III DELEGATED LEGISLATION

NIL

PART - IV CORRECTION SLIPS, REPUBLICATIONS AND REPLACEMENTS

NIL

HARYANA GOVT. GAZ. (EXTRA.), SEPT. 6, 2021 (BHDR. 15, 1943 SAKA)

177

PART I

HARYANA GOVERNMENT

LAW AND LEGISLATIVE DEPARTMENT

Notification

The 6th September, 2021

No. Leg.20/2021.— The following Act of the Legislature of the State of Haryana

received the assent of the Governor of Haryana on the 4th September, 2021 and is hereby

published for general information:–

HARYANA ACT NO. 20 OF 2021

THE HARYANA PARIVAR PEHCHAN ACT, 2021

ACT

to provide for the assignment of the Parivar Pehchan number as an unique identifier

number to each family, linked to information composed of such data fields, as are generally

required for the determination of eligibility for, or the provision of, any scheme, service, subsidy

or benefit provided or implemented by or on behalf of the State Government or by any

Government agency or local authority and for establishment of the Haryana Parivar Pehchan

Authority for the purpose and for matters connected therewith or incidental thereto.

Be it enacted by the Legislature of the State of Haryana in the Seventy-second Year of

the Republic of India as follows:–

(1)

This Act may be called the Haryana Parivar Pehchan Act, 2021.

(2)

It shall come into force on such date or dates, as the State Government may, by

notification, appoint; and different dates may be appointed for different provisions of this Act and

any reference in any provision of this Act to the commencement of this Act shall be construed as

a reference to the coming into force of that provision.

Short title and

commencement.

(1)

In this Act, unless the context otherwise requires, -

(a)

“authentication” means the process by which the Parivar Pehchan number

alongwith related information is submitted to the Family Information Data

Repository for its verification or authentication and such Repository verifies

the correctness or the lack thereof, through the process specified in section

4, and the expression “authenticated” with its cognate meanings and

grammatical variations shall be construed accordingly;

(b)

“Authority” means the Haryana Parivar Pehchan Authority established

under section 10;

(c)

“benefit” means any advantage, gift, reward, relief or payment, in cash or

kind, provided to an individual or a family by or on behalf of the State

Government or any Government agency or local authority and includes such

other benefits, as may be notified by the State Government, from time to

time;

(d)

“Chief Executive Officer” means the Chief Executive Officer of the

Authority appointed under sub-section (1) of section 15;

(e)

“communication” means a message sent on the mobile number of the head

of family and an adult member of the family, as the case may be, and if a

mobile number is not provided, then by registered post on the address

provided alongwith the information under section 3;

(f)

“Deputy Chairperson” means the Deputy Chairperson of the Authority

appointed under sub-section (1) of section 12;

(g)

“designated portal” means such web portal of the Authority, as may be

notified by the Authority;

(h)

“Executive Committee” means the Executive Committee constituted under

section 17;

Definitions.

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(i)

“Family Information Data Repository” means a centralised database in

one or more locations containing all Parivar Pehchan numbers issued

to Parivar Pehchan number holders alongwith the corresponding

information related thereto;

(j)

“Fund” means the Fund constituted under section 24 of the Act;

(k)

“Government agency” means any company or organization owned or

controlled by the State Government and includes a board or statutory

body or authority established by or under any State law;

(l)

“information” in respect of a family, includes information of all

members of the family and such data fields for the purposes of

determining eligibility for or the provision of any scheme, service,

subsidy or benefit provided or implemented by or on behalf of the

State Government or any Government agency or local authority;

(m)

“local authority” means a Municipal Corporation, Municipal Council,

Municipal Committee, Gram Panchayat, Panchayat Samiti or Zila

Parishad, as the case may be;

(n)

“member” means the members of the Authority including the

Chairperson;

(o)

“notification” means a notification published in the Official Gazette

and the expression “notified” with its cognate meanings and

grammatical variations shall be construed accordingly;

(p)

“Parivar Pehchan number” means the family identification number

issued under section 5;

(q)

“Parivar Pehchan number holder” means a family including its

members thereof who have been issued a Parivar Pehchan number

under this Act;

(r)

“prescribed” means prescribed by the rules made under this Act;

(s)

“regulations” means the regulations made by the Authority under this

Act;

(t)

“resident” means an individual or a family who is residing in the

territorial limits of the State of Haryana and includes an employee of

the State Government, Government agency or local authority who

resides outside the State of Haryana or who has been deputed by the

State Government, Government agency or local authority outside the

State of Haryana;

(u)

“services” means any provision, facility, utility or any other assistance

provided or implemented in any form by or on behalf of the State

Government or any Government agency or local authority to an

individual or a family and includes such other services, as may be

notified by the State Government, from time to time;

(v)

“State Government” means the Government of the State of Haryana in

the Administrative Department;

(w)

“subsidy” means any form of aid, support, grant, subvention or

appropriation in cash or kind to an individual or a family and includes

such other subsidies provided, wholly or partly out of the Consolidated

Fund of the State of Haryana.

Entitlement to

obtain Parivar

Pehchan number.

(1)

Every family, being a resident of the State of Haryana shall be entitled to

obtain a Parivar Pehchan number by providing, submitting or updating on the designated

portal, information comprised of such data fields, as may be notified by the Authority with

the prior approval of the State Government, for determining eligibility for or the provision

of any scheme, service, subsidy or benefit provided or implemented by or on behalf of the

State Government or any Government agency or local authority.

(2)

For the purposes of sub-section (1), any adult member of the family may

provide, submit or update the information of the family.

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(1)

After the receipt of the information under section 3, the Authority shall verify each

data field of the information through physical means in such manner, as may be notified by the

Authority or through electronic means by integration or comparison with any data held by or on

behalf of the State Government or Government agency or local authority or in case the data is

held by or on behalf of the Central Government, with the prior approval of the Central

Government.

(2)

On verification of each data field under sub-section (1), the Authority shall tag in

the Parivar Pehchan number database, each such data field that is consistent on verification with

the information provided, submitted or updated under section 3 as “verified” and such data fields

that are inconsistent on verification with the information so provided, submitted or updated under

section 3 as “not verified”.

(3)

Each data field that is marked with the tag of “not verified” shall be communicated

to the head of the family and the adult member to whom the information relates for correction or

further updation or submission of any document issued by any competent authority of State

Government or local authority vested with the powers by or under law to issue such document or

record, supporting the information provided, submitted or updated by him under section 3.

(4)

The Authority shall proceed to verify, in the manner notified under sub-section (1),

the information corrected or further updated or the document submitted under sub-section (3) and

shall act as provided in sub-section (2).

Verification of

information.

(1)

The Parivar Pehchan number issued to a family shall be unique and shall not be re-

assigned to any other family.

(2)

The Parivar Pehchan number shall be a random set of alpha-numeric characters

following such pattern, as notified by the Authority and shall bear no relation to the attributes of

or information provided by the family under section 3.

Parivar Pehchan

number.

(1)

The information provided, updated, submitted or corrected by every family under

section 3 alongwith the status of verification or authentication carried out by the Authority under

section 4 shall constitute the Family Information Data Repository.

(2)

The information of a family in the Family Information Data Repository which is

verified or authenticated under section 4 may be accepted, subject to such other conditions, as

may be specified by the Authority as conclusive proof for the purpose of determining eligibility

for or the provision of any scheme, service, subsidy or benefit provided or implemented by or on

behalf of the State Government or any Government agency or local authority without any

additional documentation or proof.

Family

Information Data

Repository.

The Authority may, by notification, require the Parivar Pehchan number holders to update

or correct the information, from time to time, so as to ensure continued accuracy and reliability of

the information in the Family Information Data Repository.

Requirement to

update or correct

information.

The State Government, on the recommendation of the Authority, may, by notification,

direct that the Parivar Pehchan number with such data fields, as may be specified in the

notification and verified in the manner indicated in section 4, as a requirement for determining

eligibility for or the provision of any scheme, service, subsidy or benefit provided or

implemented by or on behalf of the State Government or any Government agency or local

authority:

Provided that if the applicant for any scheme, benefit, subsidy or service does not possess

the Parivar Pehchan number and is otherwise eligible to receive such scheme, benefit, subsidy or

service then the State Government may direct that the data provided by such beneficiary to

receive such scheme, subsidy, service or benefit be verified or authenticated by such alternate

means, as may be prescribed and such means may, if the State Government so directs, include the

payment of an additional fee by such applicant for authentication or verification of the data so

provided.

Requirement of

Parivar Pehchan

number.

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Responsibility of

maintaining data

of birth, death and

marriage.

(1)

For the purpose of dynamically updating information held in the Family

Information Data Repository, the State Government shall, by notification, entrust the Authority

with the responsibility of maintaining the data of birth, death and marriage registered under any

law for the time being in force in an electronic form and the Authority shall be responsible for

establishing and maintaining such data linked to the Parivar Pehchan number.

(2)

For the purpose of sub-section (1), the State Government may issue such

directions, as it deems fit to the Chief Registrar under the Registration of Births and Deaths Act,

1969 (Central Act 18 of 1969) and to the Chief Registrar under the Haryana Compulsory

Registration of Marriages Act, 2008 (6 of 2008).

Establishment of

Haryana Parivar

Pehchan

Authority.

10.

(1)

The State Government shall, by notification and with effect from such date, as may

be specified in the notification, establish, for the purposes of this Act, an Authority to be called

the Haryana Parivar Pehchan Authority.

(2)

The Authority shall be a body corporate by the name aforesaid, having perpetual

succession and a common seal, with power subject to the provisions of this Act, to acquire, hold

and dispose off property, both movable and immovable and to contract and shall, by the said

name sue or be sued.

(3)

The Authority shall have its headquarters at such place, as the State Government

may notify.

(4)

The Authority may establish its offices at other places in the State of Haryana, with

the prior approval of the State Government.

Constitution of

Authority.

11.

The Authority shall consist of the following members, namely:-

(a)

Chief Minister as Chairperson;

(b)

Deputy Chairperson;

(c)

Chief Secretary to Government, Haryana, ex-officio;

(d)

Additional Chief Secretary or Principal Secretary to Government, Haryana, as the

case may be, Revenue and Disaster Management Department, ex-officio;

(e)

Additional Chief Secretary or Principal Secretary to Government, Haryana, as the

case may be, Finance Department, ex-officio;

(f)

Additional Chief Secretary or Principal Secretary to Government, Haryana, as the

case may be, Citizen Resources Information Department, ex-officio;

(g)

such officers of the State Government, not below the rank of Principal Secretary

and not exceeding two, as the State Government may, nominate, from time to time,

ex-officio;

(h)

such experts, not exceeding five, as the State Government may, from time to time

and on the recommendations of the Authority, nominate from the field of

information and communication technology, cyber security, network security,

data analytics, data security, data management, data warehousing, privacy or

constitutional law, finance and economics;

(i)

Chief Executive Officer, member-secretary.

Qualifications,

tenure and terms

and conditions of

Deputy

Chairperson.

12.

(1)

The Deputy Chairperson shall be appointed by the State Government from amongst

persons being distinguished experts in the field of information and communication technology

with special knowledge or experience in information technology and management, big data

analytics, cyber security, new technology areas in the field of information and communication

technology with atleast twenty-five years of demonstrated experience in industry or government

having headed an organisation as its Chief Executive or Chief Information Technology Officer or

its equivalent.

(2)

The Deputy Chairperson shall hold office for a period of three years from the date

he assumes office and shall be eligible for re-appointment for one more term.

(3)

The Deputy Chairperson may resign from his office, in writing, under his hand to

the State Government, after giving a notice of not less than thirty days.

(4)

The remuneration and allowances payable to and the other terms and conditions of

service of the Deputy Chairperson shall be such, as may be prescribed.

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181

13.

(1)

The members other than ex-officio members shall receive such allowances for

attending the meetings of the Authority, as may be prescribed.

(2)

Where a person becomes or is nominated as a member of the Authority by virtue of

holding an office, he shall cease to be a member of the Authority as soon as he ceases to hold

such office.

(3)

A member, other than an ex-officio member, may, at any time, in writing, under his

hand addressed to the Chairperson, resign.

Allowances to

members.

14.

(1)

The Authority shall meet at such time and place and subject to the provisions of

sub-sections (2) and (3), observe such rules of procedure for conduct of meeting and transaction

of business, as may be prescribed.

(2)

The Chairperson or if for any reason, he is unable to attend the meeting, by any

reason whatsoever, the Deputy Chairperson shall preside over the meeting.

(3)

All questions at a meeting shall be decided by a majority of votes of the members

present and voting, and in case of equality of votes, the Chairperson or the member presiding, as

the case may be, shall have a second or casting vote.

(4)

The Chief Executive Officer shall maintain records of the meetings of the

Authority in such manner, as may be prescribed.

Meetings of

Authority.

15.

(1)

The State Government shall appoint an officer not below the rank or equivalent to

the rank of Secretary to Government, Haryana as the Chief Executive Officer.

(2)

The Chief Executive Officer shall receive such salary and allowances alongwith

such other facilities, as may be, determined by the State Government, from time to time, out of

the Fund of the Authority.

(3)

Whenever the Chief Executive Officer is on leave or is unable to discharge his

duties for whatsoever reason, the State Government may authorise any other officer to perform

the duties and functions of the Chief Executive Officer till the Chief Executive Officer join his

duties.

Appointment,

terms and

conditions of

Chief Executive

Officer.

16.

(1)

The Authority may appoint such other officers and employees of the Authority in

such manner and with such qualifications, as may be prescribed.

(2)

The salaries and allowances payable to and the other terms and conditions of

service of officers and other employees of the Authority shall be such, as may be prescribed.

(3)

The Chief Executive Officer may appoint in such manner, for such temporary

period and on such terms and conditions, as may be specified by regulations, such other staff, as

he may consider necessary for the efficient performance of the functions of the Authority.

Officers and other

staff of Authority.

17.

(1)

There shall be an Executive Committee consisting of the following members,

namely:-

(a)

Deputy Chairperson;

(b)

Additional Chief Secretary or Principal Secretary to Government, Haryana,

as the case may be, Citizen Resources Information Department, ex-officio;

(c)

not more than two experts, amongst those nominated under clause (h) of

section 11;

(d)

Chief Executive Officer.

(2)

All decisions of the Executive Committee shall have the same effect as if taken by

the Authority under this Act.

(3)

Every decision of the Executive Committee shall be placed before the Authority

and the Authority shall have the power to modify, amend or rescind such decision and shall

thereafter have effect only in such modified form or be of no effect, as the case may be, however,

any such modification or annulment shall be without prejudice to the validity of anything

previously done.

Constitution of

Executive

Committee.

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HARYANA GOVT. GAZ. (EXTRA.), SEPT. 6, 2021 (BHDR. 15, 1943 SAKA)

Delegation of

powers.

18.

The Authority may delegate any of its powers to an Executive Committee, except the

power,–

(a)

to approve or amend the budget of the Authority under section 28;

(b)

to make, amend or repeal any regulation under section 46.

General

superintendence,

direction and

management of

affairs of

Authority.

19.

(1)

Subject to the other provisions of this Act and rules made thereunder, the general

superintendence, direction, management and administrative control over the affairs of the

Authority shall vest in the Chief Executive Officer.

(2)

The Chief Executive Officer may, by a general or special order in writing, delegate

such of his powers subject to such terms and conditions, as he may determine, upon any officer

of the Authority:

Provided that each such order of delegation and the terms and conditions of such

delegation shall be placed before the Authority.

Power to engage

experts and

professionals.

20.

The Chief Executive Officer may engage such consultants, advisors or technology

professionals, as may be required for efficient discharge of its powers and functions under this

Act, on such allowances or remuneration and on such terms and conditions, as may be specified

by regulations.

Vacancies etc.,

not to invalidate

proceedings.

21.

No act or proceeding of the Authority shall be invalid merely by reason of-

(a)

any vacancy in or any defect in the constitution of the Authority;

(b)

any defect in the appointment of a person as Deputy Chairperson or member; or

(c)

any irregularity in the procedure of the Authority not affecting the merits of the

case.

Avoidance of

conflict of

interest.

22.

A member of the Authority having any direct or indirect interest, whether pecuniary or

otherwise, in any matter coming up for consideration at a meeting of the Authority, shall disclose

the nature of his interest at such meeting and shall not take any part in any deliberation or

decision of the Authority with respect to that matter.

Powers and

functions of

Authority.

23.

(1)

The Authority shall develop the policy, procedure, technology and systems for

generating and issuing Parivar Pehchan number to families.

(2)

The Authority shall have the power to collect, update, manage and maintain

information of the family and its members in the form of specified data fields and develop and

implement mechanisms, processes and systems for authenticating or verifying such information.

(3)

Where a notification under section 8 is issued by the State Government, the

Authority shall have the power to direct the Government department concerned or Government

agency or local authority to define procedures, technology and data standards to enable the

integration of the database maintained and held by the Authority with that of the department or

agency of the State Government providing such benefit, subsidy, scheme or service.

(4)

The Authority shall provide authentication or verification to any Government

department or Government agency or local authority in respect of the information collected or

held by it for the purpose of any benefit, subsidy, scheme or service and levy such fee, as may be

prescribed.

(5)

The Authority shall have the power to specify the manner, data standards,

technology systems and related processes for use of Parivar Pehchan number and the information

contained in the Family Information Data Repository for the purpose of determining eligibility

for or the provision of any scheme, service, subsidy or benefit provided or implemented by or on

behalf of the State Government or any Government agency or local authority and other purposes

for which the Parivar Pehchan number may be used.

(6)

The Authority shall be required to prepare, develop and maintain the policy for

data security, information security, technology safeguards and network security protocols and

standards in relation to the Family Information Data Repository held by it.

(7)

The Authority shall ensure integration and updation of the Family Information

Data Repository with data on births, deaths and marriages maintained by the competent

authorities under the Registration of Births and Deaths Act, 1969 (Central Act 18 of 1969) and

the Haryana Compulsory Registration of Marriages Act, 2008 (6 of 2008).

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(8)

The Authority shall, on the direction of the State Government, ensure integration

and updation of the Family Information Data Repository with land records maintained by the

State Government in the concerned department responsible for maintaining such land records and

property records maintained by any local authority.

(9)

The Authority shall support the State Government or local authority by providing

data analytics in relation to the information held by it so as to enable the State Government or

local authority to formulate and implement policies, schemes, services, benefits or subsidies for

the welfare of the people of the State of Haryana.

(10)

Without prejudice to the powers and functions enumerated in the foregoing

sub-sections of this section, the powers and functions of the Authority, inter alia, include –s

(a)

specifying, with the prior approval of the State Government, information

required to be maintained in the Family Information Data Repository;

(b)

collecting information from any family seeking a Parivar Pehchan number;

(c)

generating and assigning Parivar Pehchan number to families;

(d)

performing verification and authentication of information in the Family

Information Data Repository;

(e)

maintaining and updating the information in the Family Information Data

Repository;

(f)

deactivating the Parivar Pehchan number and information relating thereto in

such cases and in such manner, as may be specified by regulations;

(g)

specifying the manner of use of Parivar Pehchan numbers for the purposes

of determining eligibility for or the provision of any scheme, service,

subsidy or benefit provided or implemented by or on behalf of the State

Government or any Government agency or local authority and other

purposes for which Parivar Pehchan numbers may be used;

(h)

establishing, operating and maintaining the Family Information Data

Repository;

(i)

sharing the information of Parivar Pehchan number holders and information

contained in the Family Information Data Repository for the purposes of

determining eligibility for or the provision of any scheme, service, subsidy

or benefit provided or implemented by or on behalf of the State Government

or any Government agency or local authority, subject to the provisions of

this Act, rules and regulations made thereunder;

(j)

specifying by regulations, processes relating to data management, data

security, information security, security protocols and other technology

safeguards under this Act;

(k)

specifying by regulations, the conditions and procedures for issuance of new

Parivar Pehchan number to existing Parivar Pehchan number holder;

(l)

appointing such committees, as may be necessary to assist the Authority in

discharge of its functions for the purposes of this Act with the prior

approval of the State Government;

(m)

setting up grievance redressal mechanism for redressal of grievances;

(n)

such other powers and functions, as may be prescribed.

(11)

The State Government may, by notification, extend the use of the Parivar Pehchan

number alongwith verification or authentication of information to schemes wholly funded or

services wholly provided by the Central Government on the request of or with the prior approval

of such Government.

24.

(1)

There shall be constituted a Fund to be called the Haryana Parivar Pehchan

Authority Fund and there shall be credited thereto-

(a)

all grants, fees and charges received by the Authority under this Act; and

(b)

all sums received by the Authority from such other sources, as may be

decided by the State Government.

Fund.

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(2)

The Fund shall be used for-

(a)

the remuneration and other allowances payable to the Deputy Chairperson

and the members, the salary and other allowances payable to the Chief

Executive Officer and the administrative expenses including the salaries,

allowances and pension payable to or in respect of officers and other

employees of the Authority; and

(b)

the expenses incurred for meeting out the objects and purposes authorised

by this Act.

Annual grants,

loans and

advances.

25.

The State Government may make to the Authority grants, loans or advances of such sums

of money annually, on such terms and conditions, as it may deem fit.

Power to borrow.

26.

The Authority may, from time to time, borrow money by way of loans, bonds or

debentures or other instruments from sources other than the State Government, on such terms and

conditions, general or specific, as may be approved by the State Government.

Power to invest.

27.

The Authority shall have power to invest any portion of its Fund in such investments, as

may be determined by the Chief Executive Officer.

Budget.

28.

(1)

The Chief Executive Officer shall submit a budget in respect of the financial year

next ensuing, showing the estimated receipts and expenditures of the Authority in such form, as

may be prescribed.

(2)

The Authority shall, subject to such modifications and revisions, as it may decide,

approve the budget submitted under sub-section (1).

(3)

The budget, as modified or revised by the Authority, shall be forwarded to the State

Government alongwith such number of authenticated copies, as may be required by the State

Government.

(4)

The Chief Executive Officer shall cause the budget, as modified or revised by the

Authority, to be placed on the website of the Authority.

Accounts and

audit.

29.

(1)

The Authority shall maintain proper accounts and other relevant records and

prepare an annual statement of accounts including the balance sheet, in such form, as may be

prescribed.

(2)

The accounts of the Authority shall be subject to audit annually by the Accountant

General of Haryana and any expenditure incurred in connection with such audit shall be payable

by the Authority to the Accountant General of Haryana.

(3)

The Accountant General of Haryana and any person appointed by him in

connection with the audit of accounts of the Authority shall have the same rights, privileges and

authority in connection with such audit as the Accountant General of Haryana has in connection

with the audit of the Government accounts and, in particular, shall have right to demand the

production of books, accounts, connected vouchers, other documents and papers and to inspect

the office of the Authority.

(4)

The accounts of the Authority as certified by the Accountant General of Haryana or

any other person appointed by him in this behalf together with the audit report thereon and an

explanatory memorandum on the action so taken or proposed to be taken, shall be forwarded

annually to the State Government and the State Government shall cause a copy of the same to be

laid before the State Legislature.

(5)

The Chief Executive Officer shall cause the accounts of the Authority together with

the audit report and the explanatory memorandum, to be placed on the website of the Authority

after the report has been laid before the State Legislature.

Annual report.

30.

The Chief Executive Officer shall prepare for every year a report of its activities during

that year and submit the report to the State Government in such form, as may be prescribed and

the State Government shall cause the report to be laid before the State Legislature.

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185

31.

(1)

The Authority shall ensure the security of data maintained by it.

(2)

Subject to the provisions of this Act, the Authority shall ensure confidentiality of

data of families maintained by it.

(3)

The Authority shall take all necessary measures to ensure that the data in the

possession or control of the Authority, including information stored in the Family Information

Data Repository is secured and protected against unauthorised access, use or disclosure and

against accidental or intentional destruction, loss or damage.

(4)

Without prejudice to sub-sections (1) and (2), the Authority shall-

(a)

adopt and implement appropriate technical and organisational security

measures;

(b)

ensure that any person appointed or engaged for performing any function of

the Authority under this Act or rules or regulations made thereunder follows

appropriate technical and organisational security measures;

(c)

ensure that the agreements or arrangements entered into with any person

impose obligations equivalent to those imposed on the Authority under this

Act and require such person to act only on instructions from the Authority

or powers delegated by or on behalf of the Authority.

(5)

Notwithstanding anything contained in any other State law for the time being in

force and save as otherwise provided by or under this Act, no officer or other employee of the

Authority shall, whether during his service or thereafter, reveal any data stored in the Family

Information Data Repository or authentication record to anyone except for the purposes of

planning or evaluation by the State Government or for the purpose of determining eligibility for

or the provision of any subsidy, scheme, service or benefit.

(6)

The information collected, verified or authenticated by the Authority in the Family

Information Data Repository or created under this Act shall be shared only in such manner, as

may be specified by regulations.

(7)

No information of a family collected, verified or authenticated by the Authority in

the Family Information Data Repository or created under this Act shall be published, displayed or

posted publicly, except for the purposes, as may be specified by regulations.

Security and

confidentiality of

information.

32.

Whoever impersonates or attempts to impersonate another person, whether dead or alive,

real or imaginary by providing any false information knowingly, shall be punishable with

imprisonment for a term which may extend to three years or with a fine which may extend to fifty

thousand rupees or with both.

Penalty for

impersonation.

33.

Whoever, with the intention of causing harm or mischief to a Parivar Pehchan number

holder, changes or attempts to change any information of a Parivar Pehchan number holder by

impersonating or attempting to impersonate another person, dead or alive, real or imaginary, shall

be punishable with imprisonment for a term which may extend to three years and shall also be

liable to a fine which may extend to fifty thousand rupees.

Penalty for

impersonation of

Parivar Pehchan

number holder by

changing

information.

34.

Whoever, not being authorised to collect information under the provisions of this Act, by

words, conduct or demeanour pretends that he is authorised to do so, shall be punishable with

imprisonment for a term which may extend to three years and with a fine which may extend to

one lakh rupees or, in the case of a company, every person who at the time the offence was

committed was in charge of and was responsible to the company for the conduct of the business

of the company, with imprisonment for a term which may extend to three years with a fine which

may extend to ten lakh rupees or with both.

Penalty for

impersonation

claiming authority

to collect

information.

35.

Whoever, not being authorised by the Authority, intentionally,-

(a)

accesses or secures access to the Family Information Data Repository;

(b)

downloads, copies or extracts any data from the Family Information Data

Repository or stored in any removable storage medium;

(c)

introduces or causes to be introduced any virus or other computer contaminant in

the Family Information Data Repository;

Penalty for

unauthorized

access.

186

HARYANA GOVT. GAZ. (EXTRA.), SEPT. 6, 2021 (BHDR. 15, 1943 SAKA)

(d)

damages or causes to be damaged the data in the Family Information Data

Repository;

(e)

disrupts or causes disruption of the access to the Family Information Data

Repository;

(f)

denies or causes a denial of access to any person who is authorised to access the

Family Information Data Repository;

(g)

reveals any information in contravention of sub-section (5) of section 31, or shares,

uses or displays information in contravention of sub-section (7) of section 31 or

assists any person in any of the aforementioned acts;

(h)

destroys, deletes or alters any information stored in any removable storage media

or in the Family Information Data Repository or diminishes its value or utility or

affects it injuriously by any means; or

(i)

steals, conceals, destroys or alters or causes any person to steal, conceal, destroy or

alter any computer source code used by the Authority with an intention to cause

damage, shall be punishable with imprisonment for a term which may extend to ten

years and shall also be liable to a fine which shall not be less than fifty lakh rupees.

Explanation.—

For the purposes of this section, the expressions “computer contaminant”,

“computer virus” and “damage” shall have the meanings respectively assigned

to them in the Explanation to section 43 of the Information Technology Act,

2000 (Central Act 21 of 2000), and the expression “computer source code”

shall have the meaning assigned to it in the Explanation to section 65 of the

said Act.

Penalty for

tampering data.

36.

Whoever, not being authorised by the Authority, uses or tampers the data in the Family

Information Data Repository or in any removable storage medium with the intent of modifying

information or discovering any information thereof, shall be punishable with imprisonment for a

term which may extend to three years and shall also be liable to a fine which may extend to ten

thousand rupees.

General penalty.

37.

Whoever commits an offence under this Act or any rules or regulations made thereunder

for which no specific penalty is provided, shall be punishable with imprisonment for a term

which may extend to one year or with a fine which may extend to one lakh rupees or in the case

of a company, with a fine which may extend to fifty lakh rupees or with both.

Offences by

companies.

38.

Where any offence under this Act has been committed by a company and it is proved that

the offence has been committed with the consent or connivance of or is attributable to any neglect

on the part of any director, manager, secretary or other officer of the company, such director,

manager, secretary or other officer shall also be deemed to be guilty of the offence and shall be

liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to

any punishment provided in this Act if he proves that the offence was committed without his

knowledge or that he had exercised all due diligence to prevent the commission of such offence.

Penalties not to

interfere with

other

punishments.

39.

No penalty imposed under this Act shall prevent the imposition of any other penalty or

punishment under any other law for the time being in force.

Cognizance of

offences.

40.

No court shall take cognizance of any offence punishable under this Act, save on a

complaint made by the Authority or any officer or person authorised by it.

Public servants.

41.

The Chairperson, Deputy Chairperson, members, officers and other employees of the

Authority, while acting or purporting to act in pursuance of any of the provisions of this Act,

shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code,

1860 (Central Act 45 of 1860).

HARYANA GOVT. GAZ. (EXTRA.), SEPT. 6, 2021 (BHDR. 15, 1943 SAKA)

187

Power of State

Government to

issue directions.

42.

(1)

Without prejudice to the foregoing provisions of this Act, the Authority shall, in

exercise of its powers or performance of its functions under this Act be bound by such directions

on questions of policy, as the State Government may give in writing to it, from time to time:

Provided that the Authority shall, as far as practicable, be given an opportunity to

express its views before any direction is given under this sub-section:

Provided further that nothing in this section shall empower the State Government

to issue directions pertaining to technical or administrative matters undertaken by the Authority.

(2)

The decision of the State Government, whether a question is one of policy or not,

shall be final.

Protection of

action taken in

good faith.

43.

No suit, prosecution or other legal proceeding shall lie against the State Government or

the Authority for anything which is in good faith done or intended to be done under this Act,

rules or regulations made thereunder.

Application of

other laws not

barred.

44.

The provisions of this Act shall be in addition to and not in derogation of any other law

for the time being in force.

Power to make

rules.

45.

(1)

The State Government may, by notification, make rules to carry out the purposes of

this Act.

(2)

Every rule made under this Act shall, as soon as possible, after it is made or issued,

be laid before the State Legislature.

Power to make

regulations.

46.

(1)

The Authority may, by notification, make regulations consistent with this Act for

carrying out the purposes of this Act.

(2)

Every regulation made under this Act shall, as soon as possible, after it is made or

issued, be laid before the State Legislature.

Power to remove

difficulties.

47.

(1)

If any difficulty arises in giving effect to the provisions of this Act, the State

Government may, by order published in the Official Gazette, make such provisions not

inconsistent with the provisions of this Act, as may appear to it to be necessary for removing such

difficulty:

Provided that no such order shall be made under this section after the expiry of

three years from the commencement of this Act.

(2)

Every order made under this section shall be laid, as soon as may be after it is

made, before the State Legislature.

Savings.

48.

Anything done or any action taken under the Haryana Government, Citizen Resources

Information Department, notification number 1/30/2020-1CRID, dated the 9th November, 2020,

shall be deemed to have been validly done or taken under this Act.

BIMLESH TANWAR,

Administrative Secretary to Government, Haryana,

Law and Legislative Department.

9312—L.R.—H.G.P., Pkl.